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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below acquitted the defendant as to the charge of this case since the defendant concealeds the fact that the defendant actually borrowed money and borrowed money from the victim on three occasions, and thus, the court below acquitted the defendant. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. On January 2014, 2014, the Defendant 1 of the facts charged of the instant case (hereinafter referred to as the “instant charges”) is the party E from the 2nd floor office located in the Seocho-gu, Seocho-gu, Seocho-si to lease the equipment for collecting coffees and equipment to the victim E.
The project is well being carried out.
Food hazards, such as hrow HCCP, to a dynac manufacturing plant
In accordance with the standards for priority management, there are only us.
It can be accompanied by a big contract, and the cost of certifying the sobrow is 60,000 won.
As security, a mother may borrow money to prepare a contract for business transfer of D in the name of his mother.
"Finally, it made false statements."
However, even if the Defendant received money from the victim, he/she had the intent to use the Defendant’s test money, unpaid labor expenses, and company expenses in full. Around June 2013, he/she had been investing KRW 3.60 million from the Defendant’s senior mother F, and operated G directly, but he/she was unable to pay the agreed profits at all due to the business progress. Around June 2013, he/she was urged to return the investment fund equivalent to KRW 50 million to another investor, and he/she was under the demand for the return of the investment fund amounting to KRW 50 million. Since the Defendant was under the circumstance of bearing the obligation equivalent to KRW 450,000,00,000, such as the use of bonds that did not pay monthly wages, there was no intent or ability to transfer D even
The Defendant, as such, deceiving the victim, and deceiving the victim, under the name of the Defendant on January 7, 2014.